Lakeville City Zoning Code
ARTICLE VI
General Regulations
§ 270-6.1 Nonconforming uses, structures and lots.
[Amended 6-17-1996, AG approved 9-10-1996; 6-8-1998, AG approved 7-3-1998; 6-4-2012, AG approved 7-18-2012; 6-6-2016, AG approved 7-21-2016; 6-19-2017 ATM, AG approved 9-19-2017; AG approved 8-20-1993]
The lawful use of any structure or land existing at the time of the enactment or subsequent amendment of this bylaw may be continued although such structure or use does not conform with provisions of the bylaw, subject to the following conditions and exceptions:
A.
Abandonment/nonuse.
(1)
A nonconforming use, building or structure, other than single- and two-family residential structures, which has been abandoned or not used for a period of two years shall lose its protected status and any future use shall conform with the bylaw, except in the case of land used for agriculture, horticulture, or floriculture, where such nonuse shall have existed for a period of five years; provided, however, that by the issuance of a special permit, the Zoning Board of Appeals may reestablish the protected nonconforming status of such use, building or structure.
(2)
A single- or two-family residential structure which has been abandoned for a period of two years shall lose its protected status and any future use shall conform with the bylaw; provided, however, that by the issuance of a special permit, the Zoning Board of Appeals may reestablish the protected nonconforming status of such use, building or structure.
B.
Limitation on restoration. A nonconforming structure which has been unintentionally destroyed may be reconstructed. The reconstructed structure shall either be placed no nearer to any property line than the structure which it replaces, or the reconstructed structure may be extended up to the limits of the intensity regulations of Article V of the current bylaw. Wherever possible, the reconstructed structure shall conform to the intensity regulations of Article V of the current bylaw.
C.
Extension. Preexisting nonconforming structures or uses may be changed, extended or altered by special permit from the Board of Appeals, finding that such change, extension or alteration is not substantially more detrimental than the existing nonconforming structures or uses.
(1)
Changes, extensions or alterations to preexisting nonconforming structures on lots zoned residential of 15,000 square feet or more shall be exempt from the special permit requirement, except where the Building Commissioner determines that the proposed change, extension or alteration will intensify the nonconformity.
(2)
Additions to existing nonconforming residential structures shall be allowed on lots of 70,000 square feet or more, providing the addition complies to the setback requirements or is no closer to the property lines than the existing nonconforming residential structure.
D.
Changes. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. On special permit from the Board of Appeals, the use of premises may be changed from one nonconforming use to another which is no more detrimental to the neighborhood.
E.
The construction of a building or operation of land use under a building permit or a special permit shall conform to any subsequent amendment to the bylaw adopted after the issuance of the permit, unless such construction or operation commences within a six-month period beginning with the issuance of the building or special permit and is substantially and continuously constructed until completion.
F.
No lot having 20,000 square feet or more of area may be considered to be nonconforming for accessory use to a permitted principal use on the same premises, provided lot coverage and setback requirements are not violated. Detailed plans showing buildings, wells, disposal areas, and other details may be required before a permit is issued by the Building Commissioner.
G.
Any preexisting dwelling in a business- or industrial-zoned area shall be allowed all rights of use as if in a Residential District without special permit so long as all Residential District regulations are met.
§ 270-6.2 General prohibitions.
Any use permitted by right or special permit in any district shall not be conducted in a manner as to emit any dangerous, noxious, injurious, or otherwise objectionable fire, explosion, radioactive or other hazard; noise or vibration, smoke, dust, odor or other form of environmental pollution; electrical or other disturbance; glare, liquid or solid, refuse or wastes; conditions conducive to the breeding of insects, rodents, or other substance, conditions, or element in an amount as to affect adversely the surrounding environment.
§ 270-6.3 Accessory uses.
[Amended 11-13-2017 STM, AG approved 2-9-2018; 11-12-2024 STM by Art. 18, AG approved 6-2-2025]
A.
Uses accessory to a permitted principal use are permitted on the same premises.
B.
No accessory building or structure shall be located within the required front, side or rear setback unless a special permit is granted by the Zoning Board of Appeals. Where a special permit is sought under § 270-7.4B for an accessory building or structure within the setback on a lawfully preexisting, nonconforming lot, the Zoning Board of Appeals shall additionally make a finding that the accessory building or structure shall not be substantially more detrimental to the neighborhood than the existing nonconformity.
C.
No accessory building larger than allowed under § 270-6.3C(1) shall be located on a lot used residentially unless a special permit is granted by the Zoning Board of Appeals. Where a special permit is sought under § 270-7.4B for an accessory building larger than allowed on a lawfully preexisting, nonconforming lot, the Zoning Board of Appeals shall additionally make a finding that the accessory building shall not be substantially more detrimental to the neighborhood than the existing nonconformity.
(1)
Maximum aggregate of accessory building size by minimum lot area.
300 square foot accessory building | Under 10,000 square foot lot |
600 square foot accessory building | Minimum 10,000 square foot lot |
800 square foot accessory building | Minimum 30,000 square foot lot |
1,000 square foot accessory building | Minimum 70,000 square foot lot |
1,500 square foot accessory building | Minimum 140,000 square foot lot |
2,000 square foot accessory building | Minimum 210,000 square foot lot |
2,500 square foot accessory building | Minimum 280,000 square foot lot |
D.
No accessory building larger than 1,500 square feet may be located closer than 40 feet from any property line on a lot used residentially.
§ 270-6.4 Home occupation.
[Added 6-14-2004, AG approved 9-16-2004]
A.
A home occupation is defined and regulated as follows:
(1)
"Home occupation" is the use of a room or rooms in a dwelling and/or accessory building on the premises for a business activity carried on by the person or persons who live in that dwelling. A "home occupation" is a profession, trade, craft, activity, or other legal use conducted for financial gain. Such use must be clearly incidental and subordinate to the primary residential use of the premises. The purpose of these standards is to strictly limit the size, type, and intensity of a proposed home occupation so that the residences and residential properties do not become retail, commercial, or industrial in appearance or character.
(2)
A home occupation is permitted upon the property owner filing an application with the Building Department for and receiving a home occupation permit reflecting the change of use, provided that the home occupation conforms to the following standards and requirements:
(a)
The activities of the home occupation are primarily interior to the principal residential dwelling and/or accessory building, and do not substantially alter the residential appearance of the property.
(b)
The home occupation shall be accommodated within an existing dwelling and/or accessory building, and said dwelling and/or accessory building shall not be expanded to accommodate the occupation. Any accessory structure associated with the business use, such as a garage or shed, must be only for the storage of supplies, materials, tools, equipment, and/or vehicles. Building of a garage, shed, or any structure specifically for use in or by the home occupation is not permitted.
(c)
No more than 25% of the total usable floor area of the residence and accessory building shall be used for the home occupation, which includes usable basement floor area.
(d)
No more than three people who are not residents of the dwelling shall be employed on the premises in the home occupation. All primary business activities connected with the home occupation shall occur inside the dwelling and/or accessory building or off the premises. For the purposes of this bylaw, any person who works at a business activity shall be considered as and counted as an employee of the home occupation. This includes, but is not limited to, a subcontractor, a fee-for-service contractor or professional, and/or a person who rents business space within the home occupation.
(e)
No more than three commercial vehicles registered to the home occupation or to any employee shall be parked on the premises. Any such vehicles shall not be offensive as to noise, emissions, odors, or vibration to the residential community. No vehicle used in the home occupation shall exceed 26,000 lbs. gross vehicle weight (GVW) nor shall require a commercial driver's license (CDL). Any ancillary registered vehicle, such as a trailer, shall be considered as and counted as a commercial vehicle of the home occupation. Any such trailer shall have no more than a 6,000 lbs. GVW. The total GVW of any trailer and towing vehicle shall not exceed 26,000 lbs.
(f)
No offensive noise, smoke, vibration, dust, odors, heat, light, or glare shall be produced by the home occupation.
[1]
There shall be no exterior announcement or display of the home occupation except for a single unlighted sign on the premises. This sign shall not exceed two square feet in area, as provided in § 270-6.6D(3). The sign shall conform in all other ways to the relevant portions of the Town bylaws.
[2]
Any and all products, supplies, materials, tools and/or equipment shall be stored in an appropriate storage shed or building or be visually screened from the street and abutting properties. Products, supplies, materials, tools and/or equipment allowed under this bylaw shall not include junk, scrap, waste or hazardous materials, and shall not create an undesirable or inappropriate environment in a residential area.
(g)
Vehicular traffic generated by the home occupation shall not increase in volume, type, noise, or hours normally expected in a residential neighborhood.
(h)
Acceptable off-street parking must be provided for employees and customers. No on-street parking is permitted for vehicles associated with a home occupation, including customers' or clients' vehicles.
(i)
All structures used for home occupations must comply with all applicable federal, state and local laws and regulations.
(j)
The owner of a home occupation will register said home occupation with the Town Clerk. Said registration does not constitute a business license, business permit, or business certificate.
§ 270-6.5 Access, parking and loading.
A.
Parking areas shall be accessible from a maximum of two separate entry/exit points, separated by a minimum of 50 feet and no closer than 50 feet from an intersection. Corner properties may have a third access point.
B.
Driveways and parking areas shall be adequately lighted during business hours.
C.
Parking space shall conform to the following standards:
(1)
Number of spaces. Off-street parking shall be provided according to the standards set forth in the following schedule.
(2)
Mixed uses. Where mixed uses occur, the parking spaces required shall be the sum of the requirements for the several individual uses, computed separately unless it can be demonstrated to the Board of Appeals under a special permit application that the need for parking occurs at different times and that adequate spaces will exist to handle the requirements for each use.
(3)
Parking space schedule:
[Amended 4-30-2018 STM, AG approved 6-8-2018]
Land Use, Category | Minimum Number of Off-Street Parking Spaces |
|---|---|
Handicapped spaces | 1 per establishment and/or use, with a maximum of 10%, inclusive, of total parking required. These spaces shall be a maximum distance of 50 feet from any accessible entrance, suitably displayed, with a safe means of access/egress. This is in addition to the land uses and their required spaces within this section |
Residential | 2 per dwelling unit |
Hotel or motel | 1 per guest room, plus 1 for each employee |
Place of assembly, church, meeting hall or room, club, lodge, and country club | 1 per each 4 seats of total seating capacity, or 1 per 400 square feet of gross floor area, whichever is greater, plus 1 for each employee |
Restaurant | 1 per each 2 occupants based on the designed occupant load, plus 1 for each employee |
Stadium, gymnasium, arena, auditorium | 1 per each 3 seats of total seating capacity, plus 1 for each employee |
Theater | 1 per each 2 seats of total seating capacity, plus 1 for each employee |
Bank | 1 per each 150 square feet of gross floor area or fraction thereof, plus 1 for each employee |
Commercial establishments serving the general public | 1 per each 300 square feet of gross floor area or fraction thereof, plus 1 for each employee |
Wholesale, warehouse, or storage establishment | 1 per each employee on the largest shift |
Medical or dental clinic or office | 3 per each doctor, plus 1 for each employee |
Hospital | 2 per bed at design capacity, plus 1 for each employee on the largest shift |
Nursing home | 1 per 2 beds |
Business, trade, or industrial school or college | 1 per each 200 square feet of gross floor area in classrooms and other teaching stations, plus 1 for each employee |
School or college dormitory facilities | 1 space per person or ultimate dormitory resident capacity |
Other schools | 2 per classroom in an elementary and junior high school; 4 per classroom in a senior high school, plus any other mixed-use requirements, plus 1 for each employee |
Office | 1 per 300 square feet of gross floor area, or 1 per each employee, whichever is greater |
Golf course | 2 per green, plus 1 for each employee |
Tennis court | 1 per 4-spectator capacity and 2 per court |
Swimming pool, skating rink | 1 per 4-spectator capacity, plus 1 per each 100 square feet of gross floor area |
Sports field | 1 per 4-spectator capacity. |
Amusement park | 1 per each 30 square feet of amusement area |
Ranges (golf, batting, etc.) | 1 1/2 per station. |
Campgrounds | 2 1/2 per campsite |
Public utility | 1 for each 200 square feet of gross floor area |
Manufacturing or industrial working establishments | 1 per each employee in the largest shift |
Any use permitted by these the bylaws not interpreted to be covered by this schedule | Closest similar use as determined by Building Commissioner |
(4)
Dimensions. Each off-street parking space shall be a minimum of nine feet in width by 20 feet in length. Each off-street handicapped parking space shall be a minimum of 12 feet in width by 20 feet in length. In the case of angle parking, the measurement of the width shall be perpendicular to the parking line.
(5)
Aisle and entrance dimensions. For business and industrial uses, the minimum width of aisles and entrance drives providing access to more than two spaces shall be at least 24 feet wide. On lots where one entrance and exit driveway or access is constructed, the access shall not exceed 54 feet in width. Where two driveways or accesses are constructed, the accesses shall each not exceed 30 feet in width. For automotive service stations, the maximum width shall be 32 feet for each driveway or access.
D.
Driveways, parking areas, and storm drainage for business and industrial uses shall be constructed and paved according to the Rules and Regulations of the Planning Board Governing the Subdivision of Land, adopted under the Subdivision Control Law.[1] No such driveway or parking area will be allowed to shed water upon Town ways.
[1]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
E.
Adequate loading areas shall be provided for all structures.
§ 270-6.6 Sign regulations.
[Amended 5-16-2022 ATM by Art. 8, AG approved 10-19-2022]
A.
Purpose. To provide information to the public and for the identification of permitted activities from public ways, the erection and maintenance of signs shall be subject to regulation in order to preserve and enhance the visual appearance and character of the Town, to provide for the safety and general welfare of the public, and to prevent injurious and detrimental effects from the distracting demands for attention resulting from uncontrolled shapes, sizes, colors, motions, lighting, and inappropriate locations.
B.
Permit required.
(1)
No sign shall be erected, altered, or relocated without a permit issued by the Building Commissioner, except as otherwise provided herein.
(2)
The applicant proposing to erect, alter or relocate a sign shall submit to the Building Commissioner a completed sign permit application, together with the required application fee and sketches of all proposed signs. The drawings shall specify the building and sign dimensions, colors, attachment methods, location of the signs, method of illumination and any other pertinent information which may be required.
(3)
Sign permit fees shall be determined by the Select Board.
C.
General sign regulations.
(1)
No sign shall be located closer than 10 feet from the street right-of-way, and no closer than 30 feet from the side or rear property lines.
(2)
Signs shall be limited to a maximum height of 20 feet as measured from the crown of the road directly perpendicular to the sign.
(3)
Signs shall be limited in number to two signs for each business or industrial establishment or company. Business or industrial sites containing more than one establishment (mill outlets, shopping centers, industrial parks, etc.) shall be limited to two signs per establishment, one of which shall be attached to the structure to designate the establishment within the structure, and the other attached to or part of a central common directory sign. Business and industrial subdivisions may have one entrance sign, not being a directory sign, in addition to the above. Signs for this common directory sign and for the business and industrial subdivision entrance sign may be double-sided and a maximum of 64 square feet in area.
(4)
Unless permitted elsewhere in this bylaw, no sign may exceed 32 square feet in area.
(5)
Signs erected upon or attached to a building shall not project:
(a)
Horizontally more than two feet;
(b)
Into or over any way;
(c)
Above the highest part of the building, not exceeding 20 feet from ground level.
(6)
No freestanding sign shall project more than two feet horizontally from its means of support.
(7)
The colors red, green or yellow shall not be used in a manner that might confuse the meaning of stop signs, stop lights or other traffic signs.
(8)
Freestanding signs shall have landscaping at the base.
(9)
All signs must be maintained; this includes awning material, lettering, lighting, and landscaping.
(10)
Freestanding signs are permitted to have either a changeable copy sign or an electronic message board as part of its sign but not both.
(11)
Wall signs shall not exceed 15% of the area of the wall it is attached to or 32 square feet, whichever is less.
(12)
Window signs shall not exceed 30% of the total area of all windows and doors.
(13)
One temporary subdivision sales sign not to exceed 32 square feet. This sale sign shall be removed upon the issuance of occupancy permits for 75% of the subdivision.
D.
Exemptions.
(1)
Flags or insignia of the United States or any political subdivision thereof or any other nation or country when not used for commercial promotion or display.
(2)
Temporary posters, placards, or signs associated with a political campaign or current political issue associated with an election.
(3)
Signs located on residential structures or driveways, for the primary purpose of indicating the name or names of the resident.
(4)
For sale, lease, or rent signs on real property or the signs of real estate agents or brokers.
(5)
Signs less than two square feet designating entry and egress from parking areas, and other directional traffic control and safety-related signs.
(6)
Normal highway control signs, hazard signs, and other state-approved highway safety signs.
(7)
Permanent subdivision or residential development identification signs shall not exceed 12 square feet. They may only be externally illuminated by spotlights and shall be set back 10 feet from property lines.
(8)
One sign not exceeding 32 square feet on a building or project under construction, repair, or renovation identifying the contractor, architect, and/or owner. This sign shall be removed upon issuance of an occupancy permit for all or part of the building.
(9)
Fuel pump information signs, only as required by state law, are allowed and shall not affect the computation of allowable number of signs or aggregate sign size on a property.
E.
Temporary signs.
(1)
Temporary exterior signs or mobile sign displays are permitted to advertise the opening of a business at a new location or to advertise a special event at its intended location.
(2)
Such signs shall not exceed 32 square feet in area.
(3)
Banners or portable signs may be allowed for special events but must be removed after the event has concluded.
(4)
No two or more of such signs shall be closer than 500 feet apart.
(5)
The combined total number of days that one or more temporary signs may be displayed on the premises shall not exceed 90 days in each twelve-month period per establishment.
(6)
Temporary signs shall be displayed in conformance with setback requirements for all signs.
(7)
At the end of the ninety-day period, the sign shall be removed by the initiative of the company, organization, or individual or their agents as indicated by the display of information.
(8)
All such temporary signs as herein described must meet the approval of the Building Commissioner regarding safety of construction, placement, mounting, and lighting. By written notice specifying the corrections needed, the Building Commissioner shall order the immediate action of the displayer to either correct the sign or have it removed.
F.
Special permits.
(1)
Signs larger in area or higher than specified or a greater number of signs may be granted by special permit of the Board of Appeals.
(2)
A special permit may not be issued for signs prohibited by this bylaw in § 270-6.6G.
(3)
Changeable copy signs, electronic message board signs, and internally illuminated signs or the portion of a sign that is changeable copy, an electronic message board or internally illuminated shall require a special permit by the Zoning Board of Appeals.
[Amended 11-13-2023 STM by Art. 9, AG approved 3-1-2024]
(4)
Changeable copy signs and electronic message boards shall not exceed 12 square feet. Only one of these types of signs are permitted per property.
(5)
Common directory signs may be allowed to have one additional internally illuminated panel per business, not to exceed 12 square feet.
(6)
Changeable copy signs, electronic message board signs and internally illuminated signs may not be illuminated during the overnight hours from 11:00 p.m. until 6:00 a.m., unless for a facility providing medical care or emergency services with hours of operation during these hours. In this case, the applicant can apply for a special permit to keep the sign illuminated.
(7)
Signs - Changeable copy signs, electronic message board signs, and internally illuminated signs. These signs must meet the following standards in order to receive a special permit by the Zoning Board of Appeals.
[Added 11-13-2023 STM by Art. 10, AG approved 3-1-2024]
(a)
The parcel where the sign is proposed shall not abut properties on either side or across the street that are zoned Residential or contain a single-family dwelling.
(b)
If the property cannot meet the above standard in Subsection F(7)(a) a special permit may still be issued only if the sign is for a use that identifies municipal or public safety buildings, medical facilities, or retail stores that sell medical supplies.
(c)
It must be determined that the sign is not detrimental to the character of the neighborhood.
G.
General sign prohibitions.
(1)
Signs, any part of which moves, flashes, or incorporates traveling or animated lights, and all beacons and flashing devices whether a part of, attached to, or apart from a sign are prohibited.
(2)
No illumination shall be permitted which casts glare onto any residential premises, or onto any portion of a way so as to create a traffic hazard.
(3)
Any sign which is considered by the Building Commissioner, Police Department or Fire Department to be obstructive, hazardous, or dangerous because of age, damage, poor construction, or a potential danger in a severe storm must be removed immediately, but in no case later than seven days following receipt of written notice from the Building Commissioner.
(4)
No sign shall be attached to or obstruct any fire escape, fire or emergency exit; no sign shall be located as to obstruct free passage of light and air to any door, window, skylight, or other similar opening.
(5)
No sign shall be located in such a way that it prevents the driver of a vehicle from having a clear and unobstructed view, from an adequate and safe distance, of any official sign or approaching traffic.
(6)
Roof-mounted signs that are taller than two feet or extend over the peak of the roof.
(7)
No sign shall be attached to utility poles, trees, or traffic control signs or devices, except for public event banners or flags.
(8)
Portable signs except for temporary signs.
(9)
Electronic message boards or the electronic message board portion of a sign that exceeds 12 square feet.
(10)
Changeable copy signs or the portion of a sign that is changeable copy that exceeds 12 square feet.
(11)
Electronic outdoor advertising signs.
(12)
Internally illuminated signs greater than 24 square feet.
(13)
Freestanding signs exceeding 30 feet in height.
(14)
Signs not located at the location of the business or off-premises signs.
H.
Removal of signs.
(1)
Any sign which is insecure, in danger of falling over or is deemed unsafe by the Building Commissioner shall be removed.
(2)
Abandoned signs shall be removed by the sign permit holder and/or the owner of the building or premises at which the abandoned sign is located within 90 days from the date the sign became abandoned.
I.
Nonconforming signs.
(1)
A lawfully existing nonconforming sign may have its surface and support renewed or replaced with new material without applying for a new permit if the replacement or renewal is for the same business and has the same dimensions and same location of the existing sign.
(2)
All nonconforming signs shall be removed or shall be altered so as to conform with the following provisions:
(a)
When the nature of the business changes and the sign is changed or modified in shape, size; or
(b)
When the name of the business changes and the sign is changed or modified in shape or size.
(3)
Any abandoned sign shall not be reestablished except in conformance with this bylaw.
J.
Administration, violations, appeals.
(1)
It shall be the duty of the Building Commissioner to administer this bylaw.
(2)
Violations of the Sign Bylaw shall be enforced in accordance with Article VIII of this bylaw.
(3)
Appeals of any decision taken by the Building Commissioner shall be made in accordance with Article VIII of this bylaw.
§ 270-6.7 Site plan review.
[Added 6-11-2001 STM, AG approved 9-19-2001; amended 6-13-2005, AG approved 9-30-2005; 6-3-2019, AG approved 9-13-2019; 5-10-2021 ATM by Art. 8, AG approved 8-16-2021; 11-8-2021 STM by Art. 9, AG approved 12-15-2021; 5-16-2022 ATM by Art. 9, AG approved 8-29-2022; 11-12-2024 STM by Art. 16, AG approved 6-2-2025; 6-9-2025 ATM by Art. 15, AG approval 9-3-2025]
A.
Purpose.
(1)
The purpose of this bylaw is to protect the public health, safety and welfare; to promote balanced growth; to protect property values; and to encourage development by providing the public and the Town with an opportunity to review and comment.
(2)
Site plan review is to ensure that the design use and layout of certain developments permitted as of right or by special permit will constitute suitable development and will not result in a detriment to the neighborhood or the environment.
B.
Authority. The Planning Board shall hear and decide all applications for site plan review in accordance with the provisions of this § 270-6.7.
C.
Applicability. Site plan review applies to the following:
(1)
New construction of a structure to be occupied by a business, or industrial use;
(2)
An addition to an existing structure occupied by a business or industrial use resulting in a floor area of over 1,500 square feet in the aggregate or a disturbance in lot coverage of over 1,500 square feet;
(3)
A change in occupancy of an existing structure occupied by a business or industrial use which increases the previously approved occupant load by 10%;
(4)
A change in use of an existing structure to a business or industrial use;
(5)
New multifamily building construction of three or more units; and/or
(6)
New construction, modification, or addition to any residential structure which will disturb more than 43,560 square feet of ground.
(7)
New construction of a single accessory dwelling unit (ADU).
(8)
If the proposal involves expansion of a building or intensification of use that would result in a change in traffic volume patterns in the area, noise, parking, lighting, etc. by a commercial business or industrial use.
D.
Activities not subject to site plan review.
(1)
Proposals that involve no change in use or level of activity.
(2)
Internal building modifications to a non-residential use that do not affect the scale or impact of the existing use.
(3)
A re-use of a premise for which a site plan review has already been conducted, provided the new use is not different in type or impact.
E.
Submittal requirements.
(1)
Locus plan;
(2)
Location of structures within 200 feet of property lines;
(3)
Existing and proposed buildings, showing setbacks from property lines;
(4)
Floor plans, building elevations, siding types, roof materials, and colors;
(5)
Parking areas, driveways, and facilities for pedestrian movement, including parking calculations based on current regulations;
(6)
Utilities and lighting;
(7)
Landscaping, including trees to be removed and retained;
(8)
Loading areas, service areas, and refuse removal locations;
(9)
Drainage system design; drainage calculations and verification of soil types;
(10)
Existing and projected traffic volumes from the site and effect on the local road network;
(11)
Existing and proposed contour elevations in five-foot increments;
(12)
Location of well or public drinking water supply;
(13)
Location of septic system or sewer connection;
(14)
Location of wetlands, flagged for approval by the Conservation Commission;
(15)
Proposed and existing design and location of signs;
(16)
All information should pertain to existing and proposed;
(17)
Sediment and erosion control plan detailing the location, installation and maintenance of sediment and erosion controls during and after construction. The plan shall adhere to the standards and specifications found in the Massachusetts Erosion and Sediment Control Guidelines dated March 1997, as amended;
(18)
Other plans, studies, or reports requested by the Planning Board that may be necessary to determine compliance with the provisions of this bylaw.
(19)
A statement of proposed use.
F.
Review procedure.
(1)
Application. A building permit may be subject to § 270-6.7C, Site plan review. The applicant shall submit an original application, one copy of the application, abutters list and labels, fees, and 14 copies of a site plan, any supporting documentation and an electronic copy as described herein to the Planning Department. The Planning Department shall distribute the plans, application, and supporting documentation to the following Departments: Fire Department, Police Department, Board of Health, Conservation Commission, DPW Director, Building Department, Open Space Committee, and Select Board.
(a)
Prior to submitting a site plan, an applicant may meet informally with a Technical Review Committee consisting of the following:
[1]
Police Department.
[2]
Fire Department.
[3]
Board of Health.
[4]
Conservation Commission.
[5]
DPW Director.
[6]
Building Department.
[7]
Select Board.
[8]
Town Planner.
(b)
The purpose of said meeting is to review the applicant's conceptual plans for a property and provide preliminary comment prior to incurring significant engineering design expense. This step is intended to streamline the permit process. Participation of consultants for the Town may also be valuable at such a meeting and the applicant may choose to pre-fund Planning Board engagement of consulting review for this meeting. The applicant should request such a meeting through the Town Planner.
(2)
Hearings. The Planning Board shall give notice of a public hearing by publication of a notice in a newspaper of general circulation and by posting a notice at Town Hall at least seven days before the hearing. Notice shall also be sent to all abutters within 300 feet of the subject property at least seven days prior to the hearing date. The public hearing shall be posted no later than 30 days after the receipt of a complete application. At the request of the applicant, these time periods may be extended.
(3)
Consultants. The Planning Board may require that any plans, reports, or studies be reviewed by outside consultants at the applicant's expense in accordance with MGL c. 44, § 53G.
G.
Performance standards.
(1)
Purpose. The following performance standards have been adopted in order to control the size, scale, and impacts of projects listed in § 270-6.7C: The Planning Board shall consider the protection of adjacent areas against detrimental or offensive uses on the site by provision of adequate surface water drainage, buffers against light, sight, sound, dust and vibration, and preservation of light and air. The Planning Board shall ensure that such standards are met during the review of any Planning Board site plan review application or those that also require a special permit.
(2)
Preservation of landscape. The landscape shall be preserved in its natural state insofar as practicable by minimizing any grade changes and vegetation and soil removal.
(3)
Off-street parking and loading. The plan shall comply with § 270-6.5 of this bylaw. Unless otherwise allowed by the Planning Board, construction materials and standards not specified within § 270-6.5 shall be consistent with those found within the Lakeville Subdivision Regulations. Provisions shall be made to accommodate areas for snow storage.
(4)
Circulation. Driveways and internal circulation shall be safe, adequate and convenient for automotive as well as pedestrian and bicycle traffic. Sidewalks and parking lots shall meet Massachusetts Architectural Access Board Regulations and the American with Disabilities Act[1] design standards. Site distances, driveway widths, grade, location, drainage, signage, islands, and other control structures, curb radii and intersection angles shall all be provided for review. The Planning Board reserves the right to require certain driveways to meet or exceed the road standards found in the Lakeville Subdivision Regulations.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(5)
Site access. The Planning Board shall evaluate the safety of motorists, bicyclists, and pedestrians utilizing the site and the roadways leading into the site. To ensure the public's safety, the Planning Board may require sidewalks or pedestrian paths within and between developments. The Planning Board may also require the connection of adjacent properties via the use of connector drives.
(6)
Architectural requirements. Consideration shall be given to ensure that buildings are appropriate in scale, massing, height, roofline, and building materials to ensure that the architecture shall be in harmony with the surrounding neighborhood and the Town. Rooftop mechanical installation shall be hidden from view from the street or abutting properties. See § 270-6.7H for specific standards.
(7)
Screening, buffers and landscaping requirements. Notwithstanding whether or not the project is adjacent to a Residential District, the plan shall comply with § 270-5.2D(1), 270-5.2D(2), 270-5.2E(1) or 270-5.2E(2) of this bylaw. Plants should be indigenous to the area or be able to survive New England winters. Salt-tolerant varieties shall be planted along roadways and parking areas.
(8)
Lighting. Lighting shall be designed to enhance public safety and provide for adequate and appropriate outdoor lighting. The design shall not produce unwanted glare, light trespass on abutting properties or an overillumination of the site. Lighting shall be full cutoff fixtures, dark-sky compliant except for sign lighting.
(9)
Service areas. Service areas and delivery locations shall be located so that delivery vehicles are parked outside the street right-of-way or in on-site driveways. The Board shall ensure that these areas do not impede on-site vehicular circulation. The Board may require that specific areas adjacent to buildings or areas of the businesses' operations be specifically reserved for loading or delivery operations. These areas cannot be counted for parking or utilized for access aisles. All service areas, dumpster and trash receptacle locations, and other similar uses shall be screened from the street and from public view, through a variety of materials such as walls, fences, plantings or a combination of these materials.
(10)
Utility service. All utility service transmission systems, including but not limited to water, sewer, natural gas, electrical, cable and telephone lines, shall, whenever practicable, be placed underground.
(11)
Drainage.
(a)
All efforts shall be made to design the drainage system to utilize low-impact development (LID) methods. Developments not incorporating any LID design elements shall prove to the Board that the use of these drainage systems is not feasible for the project due to unique site characteristics or its location.
(b)
Detailed drainage design and computations shall be provided in conformance with the Department of Environmental Protection, Massachusetts Stormwater Handbook (latest edition). Closed drainage systems shall be designed for a twenty-five-year storm event. Culverts, detention basins, and infiltration systems shall be designed for 100-year events.
(c)
Post-development drainage rates shall not exceed predevelopment levels. Within the Water Resource Protection District, special attention shall be made to ensure water quality is not degraded. Easements shall be shown on the plan. If they are to be granted to the Town, a written easement and a specific easement plan of such for recording purposes is necessary.
(12)
Off-site improvements. The Planning Board may require applicants to make off-site improvements to public roads or other community facilities, or to make payments for the reasonable costs associated with the impacts of the proposed development. Such improvements may include but are not limited to the widening of streets and improvement of intersections providing access to the site; the installation of curb and sidewalks along streets serving the site; and drainage improvements necessitated by the development of the site.
(13)
Public safety. Buildings and adjacent grounds shall permit reasonable access and operation by fire, police and other emergency personnel and equipment. The Board may require fire lanes at locations providing access to buildings to ensure that these areas are open for fire vehicle access.
(14)
Construction standards. All construction specifications shall comply with the standards in the Lakeville Subdivision Regulations. Where these regulations do not cover construction items, construction shall be in accordance with Commonwealth of Massachusetts, Department of Transportation, Standard Specifications for Highways and Bridges (latest edition) or standard engineering practices as determined by the Board or its designee.
H.
Architectural standards. The following architectural requirements shall apply to all new structures. Additions or alterations to existing structures may be exempted from specific requirements at the reasonable discretion of the Planning Board, based on such factors as the cost, scope and extent of the work, the relative proportion of the existing structure to be added or altered, and the goal of harmony with the existing structure or structures.
(1)
Facades.
(a)
For long front facades, vary the setback, height, and roof form of the building within the range provided by traditional buildings in the region to continue the established rhythm of facades on the street.
(b)
In most cases, long facades should be avoided, generally extending no more than 50 feet without a change in the wall plane. Setbacks and projections of several feet in depth are most effective at visually breaking up large facades. Smaller setbacks used in conjunction with larger setbacks can be effective. The bulk and mass of the building should be broken down to a scale that reflects the context of the surrounding neighborhood.
(2)
Siding.
(a)
The following siding treatments most commonly found in New England shall be used: clapboard, vertical board, brick, stone, and wood shingles. Natural materials are preferred.
(b)
The use of vinyl or aluminum is strongly discouraged in the Business District. Concrete block, stucco, adobe, or other nontraditional siding types are also discouraged. Sidings having a panelized or prefabricated appearance are unacceptable.
(3)
Roofs. Roofs shall be of various pitched varieties commonly found in New England.
(a)
Gable or hip roofs are most preferred. Shed and gambrel-style roofs are also acceptable. False mansard or other flat roofs are the least desirable. All roofs should have appropriate overhangs.
(b)
Flat roofs should not be completely eliminated from consideration, but should only be built where the size of the building does not permit a pitched roof. When flat roofs are permissible, any rooftop mechanicals should be hidden from the main viewpoints on ground level.
(4)
Roof materials. Roofs shall be constructed of materials which are commonly found in New England. Shingled roofs constructed of asphalt or wood shingles are preferred. Standing seam, copper, or other metal roofs are also acceptable. Multiple roof plain slopes are acceptable, as New England architecture often includes a variety of roof styles and plains; however, it should be limited. Roll roofing, built-up tar and gravel, plastic, or fiberglass roofing materials are not appropriate. On flat roofs that are not visible from public areas, other roof materials may be considered.
(5)
Architectural features and details. Balconies, decks, covered porches, decorative shingles, bracketed eaves, columns, balustrades, towers, turrets, skylights, and arches are among the details to be considered. All features and details should be in proportion with the building. Use of metal, fiberglass, or plastic awnings is not appropriate.
(6)
Windows and doors. All windows and doors shall be of a New England character. Large plate-glass windows are discouraged unless they are broken up with mullions or muttons. Mirrored glass or walls are not acceptable. Also, aluminum windows/wall systems with or without colored metal panels known as "curtain wall" systems are not acceptable. Windows and doorways should be encased with trim. Decorative trim is preferred.
(7)
Lighting. Lighting for new developments whether mounted on the building or on poles shall be designed so as not to spill onto adjacent properties. Shielded lights are preferred or exposed-bulb fixtures, which are historic in character. Lighting elements shall be covered by globe or shielded. Low-level lighting is preferred over large high-level light fixtures. Lighting shall comply with the Town of Lakeville Outdoor Lighting Bylaw.
(8)
Equipment. All roof-, wall- or ground-mounted mechanical equipment, trash collection or dumpster locations, delivery or loading areas, and outdoor storage areas shall be located outside primary visual corridors and screened from public view.
I.
Decision, inspection, fees, and appeals.
(1)
Planning Board action. The Planning Board shall take final action on the site plan review application within 21 days of the close of the public hearing. Planning Board action shall be by majority vote. The Planning Board may attach reasonable conditions to mitigate any impact of the proposed development. Any disapproval shall state the reasons why the site plan does not meet the requirements of this bylaw.
(2)
Appeals. Any decision rendered by the Planning Board may be appealed by the applicant to a court of competent jurisdiction as set forth in MGL c. 40A, § 17, and no building permit specifically connected to the appeal may be issued until the appeal is resolved.
(3)
Expiration of site plan approval. Any approval of a site plan which has been granted pursuant to this bylaw shall expire two years from the date of final action, unless work in accordance with the site plan approval has not sooner commenced, except for good cause.
(4)
Extensions. The Planning Board may extend approvals for an additional two-year period, such extension not to be reasonably denied. Thereafter, extensions may be granted on a year-to-year basis. A request for extension, accompanied by a schedule of completion, shall be completed by the applicant and filed with the Planning Board in advance of the Planning Board placing the extension request on an agenda of a regular or special Planning Board meeting. Extensions may not be granted for plans which no longer conform to the Town of Lakeville Zoning Bylaw.
(5)
Compliance. No building permit shall be issued by the Building Commissioner for any development subject to this section and no construction or site preparation shall be started until the Planning Board decision has been filed with the Town Clerk and the plans have been endorsed by the Planning Board.
(6)
On-site construction. The Board shall require the inspection of site construction approved under this section. The applicant shall be responsible for the inspection fee. An applicant may make limited on-site changes to an approved site plan. Said changes shall be based on unforeseen conditions, situations, or emergencies. The Town Planner or designee of the Planning Board shall review the request and may approve limited on-site changes that are generally consistent with the approved site plan. The Planning Board shall review changes that are of such a nature or magnitude that they would unreasonably compromise the basis of approval. The Planning Board may review any request for on-site construction changes under general business and may either approve, modify or deny the requested on-site changes. Said request shall not be unreasonably denied. An as-built plan shall be submitted.
(7)
Regulations. The Planning Board may adopt and from time to time amend reasonable procedural regulations, application forms, standard construction detail drawings (as included in the Planning Board Subdivision Rules and Regulations), and specifications for the administration of this bylaw, without requiring Town Meeting approval.
(8)
Fees. The Planning Board may adopt reasonable application and administrative fees, technical review fees, and inspection fees for site plan review.
§ 270-6.8 Hazardous wastes.
[Added 5-10-1982]
The operation of hazardous waste facilities as defined in Article II, including the operation of such facilities at commercial dump sites or sanitary landfills, is prohibited within the Town of Lakeville.
§ 270-6.9 Expedited permitting.
[Added 6-13-2011 ATM, AG approved 9-14-2011]
Renewable or alternative energy research and development facilities and renewable or alternative energy manufacturing facilities and/or renewable energy generation facilities as identified in Article II, subject to site plan review by the Planning Board, pursuant to § 270-6.7 (site plan approval) and subject to the dimensional requirements of Article V (dimensional regulations). Said site plan approval shall be an "expedited" application and permitting process under which said facilities may be sited within one year, from the date of initial application to the date of final approval by the Planning Board, unless mutually agreed upon by both parties to extend time of approval. For the purposes of this section, "renewable energy" shall be as defined in Article II.
